The Improvement of China's Pharmaceutical Patent Term Extension System from the Perspective of Interest Balance
Pharmaceutical patents are closely related to public health,which involves the interests of originator drugs,generic drugs and public health interests,in the design of the system needs to maintain a balance of interests among the main parties. The introduction of the pharmaceutical patent term extension system can stimulate the enthusiasm of China's pharmaceutical enterprises for new drug research,but considering that the extension of the patent protection period will have a negative impact on the accessibility of medicines,the specific content should be adjusted in combination with China's national conditions. Under the guidance of the principle of balance of interests,China's pharmaceutical patent term extension system can be improved on the following aspects,including clarifying the scope of eligible medicines,improving the supervision mechanism of the extension period,and adding the export exemption clause to promote the benign development of China's pharmaceutical industry.
pharmaceutical patent term extensioninterest balanceoriginal druggeneric drug